HomeMy WebLinkAboutR-1995-076 Walsh Moncada and Company•
RESOLUTION NO. R-95- 7G
A RESOLUTION authorizing the execution of a professional services
agreement with Walsh Moncada and Company.
WHEREAS, the City of Yakima employs a work force of over 600 people; and
WHEREAS, it is necessary to comply with the Charter Civil Service
Commission Rules and Regulations regarding reclassification/classification
studies and for the purpose of avoiding legal liability and promoting a productive
workplace; and
WHEREAS, the Human Resources 'Division of the City of Yakima does not
have staffing levels or specialized expertise to conduct the
reclassification/classification studies and cannot respond to the
reclassification/classification studies in a timely manner; and
WHEREAS, Walsh Moncada and Company specializes in conducting
classification and compensation studies in the public sector arena, and it is in the
best interest of the City to contract to utilize their expertise according to the terms
of the attached agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to
execute the attached and incorporated "Consulting Services Agreement" with
Walsh Moncada and Company for the purpose of conducting reclassification
studies.
ADOPTED BY THE CITY COUNCIL thisg3`aday of ,1995.
A1TESr Mayor
City Clerk
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C-
CONSULTING SERVICES AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
WALSH MONCADA AND COMPANY
THIS AGREEMENT is made and entered into this Sfday of ,
1995, by and between the City of Yakima, Human Resources Division, herein
referred to as the "City" and Walsh Moncada and Company, a company herein
referred to as "Contractor."
WHEREAS, the City finds it necessary to contract with Walsh Moncada
and Company to provide specialized human resources services in performing
classification/reclassification work.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the City and
Contractor as follows::
1. Professional Services. Contractor shall serve as temporary chief
examiner for reclassifications / classification studies and shall perform all of the
work, tasks, and services contained in Attachment "A," consulting Proposal,
which is attached and incorporated into this Agreement.
2. Term. The term of this Agreement shall commence on the 23rd day of
May, 1995, and terminate on the 31st day of December, 1997.
3. Consideration. As consideration for the work, tasks, and services
performed by Contractor, the City agrees to compensate Contractor according
to the payment schedule contained within Attachment "A";
4. Status of Contractor. Contractor and the City understand and
expressly agree that Contractor is an independent contractor in the
performance of each and every part of this Agreement. Contractor and its
employees shall make no claim of City employment nor shall claim against the
City any related employment benefits, social security, and/or retirement.
5. Taxes And Assessments. Contractor shall be solely responsible for
compensating its employees and for paying all related taxes, deductions, and
assessments, including but not limited to, federal income tax, FICA, social
security tax, assessments for unemployment and industrial injury, and other
deductions from income which may be required by law or assessed against
either party as a result of this Agreement. In the event the City is assessed a
tax or assessment as a result of this Agreement, Contractor shall pay the same
before it becomes due.
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6. Nondiscrimination. During the performance of this Agreement,
Contractor shall not discriminate on the basis of race, color, sex, religion,
national origin, creed, marital status, political affiliation, or the presence of any
sensory, mental or physical handicap. This provision shall include but not be
limited to the following: employment, upgrading, demotion, transfer,
recruitment, advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training.
7. Compliance With Law. Contractor agrees to perform those services
under and pursuant to this Agreement in full compliance with any and all
applicable laws, rules, and regulations adopted or promulgated by any
governmental agency or regulatory body, whether federal, state, local, or
otherwise.
8. No Insurance. It is understood that the City does not maintain liability
insurance on Contractor and / or its employees.
9. Hold Harmless. Contractor shall defend, indemnify, and hold harmless
the City, its agents, officers, and employees from any and all liability resulting
out of the performance of this Agreement.
10. No Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by
Contractor to any other person or entity without the prior written consent of
the City. In the event that such prior written consent to an assignment is
granted, then the assignee shall assume all duties, obligations, and liabilities of
Contractor stated herein.
11. Termination. The City may terminate this Agreement, with or without
cause, by giving Contractor fifteen (15) days written notice of termination.
12. Damages. If for any reason Contractor fails to provide the services
specified in this Agreement and the City is forced to secure such services from
another person or entity, Contractor shall be liable for any and all additional
expenses to fulfill their obligation to the City under this Agreement. This
provision shall not serve as a limitation upon other damages that may be
available to the City pursuant to statutory and/or common law.
13. Severability. If any portion of this Agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the Agreement shall
remain in full force and effect.
14. Integration. This written document constitutes the entire agreement
between the City and Contractor. No changes or additions to this Agreement
shall be valid or binding upon either party unless such change or addition be
in writing and executed by both parties. There is no other oral or written
agreements between the parties as to the subjects covered herein.
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15. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent to the parties to their addresses as follows:
TO CITY:
TO CONTRACTOR:
Human Resources Manager
City of Yakima
Human Resources Division
129 North 2nd Street
Yakima, WA 98901
President
Walsh Moncada and Company
10715 178th Street S.E.
Snohomish, WA 98920
or to such other addresses as the parties may hereafter designate in writing.
Notices and/or demands shall be sent by registered or certified mail, postage
prepaid. Such notices shall be deemed effective when mailed or hand delivered
at the addresses specified above.
16. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
17. Attorney's Fees. In the event that any suit or action is instituted by
either party to enforce the compliance with or interpret any of the terms,
covenants or conditions of this Agreement, the prevailing party shall be entitled
to collect, in addition to necessary court costs, such sums as the court may
adjudge as reasonable attorneys fees.
18. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA, WASHINGTON WALSH MONCADA AND COMPANY
By:
Dick Zais, CfManager
Dated: W\0-�- j
u
ATTEST:
By: ;"
City Clerk
Dated: Vvla-,.) 3 () 1 1.5
CITY CONTRACT NO. 9S -3
3 1 09,3—
By: 9
By:
Erin Walsh Moncada, President
Dated: 1 ` l
By:
Dated:
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STATE OF WASHINGTON )
:SS.
County of Yakima )
I certify that I know or have satisfactory evidence that Erin Walsh
Moncada is the person who appeared before me, and said person acknowledged
that she signed this instrument, on oath stated that she was authorized to
execute the instrument and acknowledged it as the President of Walsh
Moncada and Company to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
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u,
5\),N1\ �
NOTARY PUBLIC in and for the State of
Washington, residing at 6c A-
My commission expires: ? - 2.3 --
UCH R. SMITH
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 `'4
For Meeting Of 5/23/95
1'1'EM TITLE: A Resolution Authorizing the Execution of a Professional Services
Agreement for Conducting Reclassification Studies
SUBM111 ED BY: Carol A. Bates, Chief Examiner
Sheryl M. Smith, Deputy Personnel Officer
CONTACT PERSON/ 1LLEPHONE: Sheryl M. Smith, x6090
SUMMARY EXPLANATION:
This Resolution authorizes the execution of a Professional Services Agreement with Walsh
Moncada and Company for conducting reclassification studies in compliance with the Charter
Civil Services Rules and Regulations. -The Charter Civil Service Commission recently amended
their rules regarding the reclassification process to allow a more effecient and timely manner in
which to process reclassification studies annually; the amended rule was approved with a sunset
period of 12/31/97. After that, the reclassification procedure will be reviewed and modified if
necessary. The new rule requires reclass requests to be submitted for review by March 31st of a
calendar year and the Chief Examiner to determine if a reclass study is warranted by April 30th of
a calendar year. The rule further requires that the study be completed by mid year so that the
resulting pay adjustment, if warranted, be budgeted for implementation the following January
lst. These time frames will be adjusted for 1995, as approved by the Commission, but it is
anticipated that reclass studies could be conducted in June and July for implementation January
1, 1996 as warranted.
In anticipation of the rule change, the Council approved $11,000 in the 1995 budget to contract
with a compensation consulting firm to conduct the reclass studies. Walsh Moncada was the
same firm which conducted a large number of reclassification studies in 1994. A copy of the
amended reclassification rule is attached for information purposes.
Resolution X Ordinance Contract Other (Specify)Professional Services Contract
Funding Source Personnel
APPROVED FOR SUBMITTAL:
—City Manager
STAFF RECOMMENDATION: Recommend approval.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL AC, HON: Resolution No. R-95-76